tag:blogger.com,1999:blog-15602189.post8956169407453758618..comments2023-09-21T16:17:51.838+05:30Comments on Law and Other Things: Right to Education Act and the DisabledAnonymoushttp://www.blogger.com/profile/09348738084817273397noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-15602189.post-76301473717665539802009-08-13T07:34:11.997+05:302009-08-13T07:34:11.997+05:30Welcome to the blog. Please correct me if I am wro...Welcome to the blog. Please correct me if I am wrong but Sibal's reply regarding whether disadvantage already includes disability is not very clear. He separately dealt with disadvantage being defined by the states and how the disabled have been taken care of in the Act but he did not specifically say anywhere that disadvantage includes the disabled. The only reference to both words in the same sentence on page 253 appears to be in a different context where he was talking generally about disability in a broad sense and not specifically with reference to the physically/mentally disabled. I suppose we will have to wait for the model rules to be framed to know what he had in mind in this regard.<br /><br />Disadvantage being broadly defined under 2(d), it could easily accomodate disability but I do not see how it could be binding on the states to issue such a notification unless the Center were to direct them to that effect under 34(1).Dilip Raohttps://www.blogger.com/profile/18294894305584371011noreply@blogger.comtag:blogger.com,1999:blog-15602189.post-60197044972565340212009-08-12T15:16:41.861+05:302009-08-12T15:16:41.861+05:30a relevant (and much-criticised) House of Lords ru...a relevant (and much-criticised) House of Lords ruling is <a href="http://en.wikipedia.org/wiki/Pepper_v_Hart" rel="nofollow">Pepper v Hart</a>. Not sure if there is a ruling indian precedent on the use of minister's statement in the house to interpret a legislation. pepper v hart said it is permissible - the criticism is that it allows the executive to guide interpretation of parliament's words - hitherto an exclusively judicial function. so, the question before a court when this case comes up will be - can it take kapil sibal's interpretation into account?Tarunabh Khaitanhttps://www.blogger.com/profile/07234574402062317396noreply@blogger.com